Raid Nets 35,000 Rounds of Ammo (ATF Anti-Gun Gestapo Illegally Enforces Law ExPostFacto)

Lexington Herald Leader ^ | November 29, 2001 | Ty Tagami

[t-shirt]

Raid nets 35,000 rounds of ammo

Agents seize 9 guns, explosives material from militia figure By Ty Tagami

November 29, 2001

Herald-Leader

Federal agents who raided the home of a militia leader in Garrard County on Monday walked away with nine guns, five plastic bags containing ingredients for explosives and more than 35,000 rounds of ammunition, according to federal court documents released yesterday.

The officers also seized Charles N. Puckett's computer.

Puckett says he is the commander of the Kentucky State Militia, a civilian paramilitary group that experts think is one of the most active in the country. Puckett said he suspects the government is looking for information to link him to a former member who became a fugitive in October.

Police have been looking for Steve Anderson ever since a Bell County sheriff's deputy said Anderson shot at him. Anderson, whom Puckett said was kicked out of the militia last spring, disappeared into the Eastern Kentucky woods, and has not yet been found.

``I got a sneaky feeling that's what this thing is all about,'' Puckett said yesterday.

But the officer in charge of the Bureau of Alcohol, Tobacco and Firearms agents who conducted the raid said it had nothing to do with the militia.

``The focus on this is on an individual who was prohibited from having firearms and nothing more,'' said Carl Vasilko, of the Lexington ATF office. ``This is not in any way related to the militia.''

The ATF conducted the raid because Puckett is a felon, and it has been illegal for felons to possess firearms since 1968.

Puckett, 55, had a permit to carry a concealed firearm that was revoked not long before the raid, Vasilko said.

It's unclear how Puckett was able to get the permit. The Kentucky State Police approve permits after conducting criminal background checks on a federal computer network. A state police spokesman referred questions about Puckett's permit to a records office, which does not release information without written applications that can take several days to fill.

Puckett said he applied for the permit five or six years ago. He said he called the ATF yesterday to ask for his guns back, and an agent told him to get a lawyer.

The ATF has not decided whether it will bring charges, Vasilko said. He couldn't say how long the investigation will take.

The U.S. attorney's office, which would prosecute any charges, said yesterday that it disagrees with Puckett's contention that he was not subject to a federal law passed in 1968 that banned felons from possessing guns. He said he was grandfathered in because he was convicted in 1966 for breaking into and stealing from a Virginia grocery store.

However, Frances Catron, the first assistant U.S. Attorney, said through a spokesperson that ``we are quite confident that federal firearms laws apply to any convicted felon regardless of when their offense was committed.''

Reach Ty Tagami at (859) 231-3414 or ttagami@herald-leader.com.

[Prodigal Son]

a civilian paramilitary group that experts think is one of the most active in the country.

Now...Just what does that mean? They run marathons? Play a lot of raquetball? What exactly? They have meetings? They play paint ball? When I hear a federal agency say "they are very active" my gut response is they must be out robbing banks or attacking Mexico. But what exactly are the Feds talking about when they say this and which part of "being active" is unconstitutional?

[Rustynailww]

The Gun Control Act of 1968, Public Law 90-618

[box221]

Do you want your neighbor having 35,000 rounds at 20 cents each for your defense. He could protect you for a month of Sundays.

[Robert_Paulson2]

Actually pb... I have seen some recent hits the three strikes took... and it looks like it is going to go down... I think the supremes MIGHT have ruled on a few of these... in narrow rulings, that are being applied to the more general state wide ones... IF I can find it, I will post the ruling... although this afternoon is not good for "research and recovery" projects for me...

Did you see it or is the cold medications kicking in???

[spunkets]

This guy was said to have been convicted of a misdemeanor in VA, theft of food. Somehow this conviction was considered a felony conviction after the fact. How it was done isn't clear.

This thread says the crime didn't become a felony under law until a few years after the conviction. It is the equivalent to holding that those convicted of speeding yesterday are felons if they make speeding a felony today.

[sarasmom]

Not to make this murkier, but I read about the raid a few days ago and the article claimed he was originally convicted of a misdemeaner,but the Law was changed after his conviction to bump the crime up to a felony.I dont claim to know the truth of that, but it would be interesting to find out what the original conviction was classed as.Would put a whole different slant on things if true.

[Poohbah]

As I understand it, the primary point of attack on three strikes is that it undermines judicial discretion. But I thought an early challenge screamed "ex post facto" and got b!tch-slapped...or did that get overturned on appeal?

[Poohbah]

Well, this was a claim by the accused himself...who MIGHT be a wee bit "economical with the truth" for obvious reasons. Changing the class of conviction after the fact is illegal, IIRC.

[RLK]

If it wasn't a felony then, it can not be considered a felony conviction now.

[verity]

Thank you for providing this opportunity for entertainment!

[Eagle Eye]

Don't hold your breath waiting for Poobah to say a critical word about the government or it's agencies. It ain't gonna happen.

[Chewbacca]

I think the guy can challenge the law on the fact that the State issued him a voter card and he has been voting for over 30 years.
If the Federal Law says felons cannot vote, then he can challenge that his State under the voter registration has legally declared him a non-felon.

[Godebert]

frome the article:"The ATF has not decided whether it will bring charges, Vasilko said. He couldn't say how long the investigation will take."

What a load of crap. This is harrasment plain and simple.

[lelio]

I'm surprised everything hasn't been bumped up to a felony for this very reason. The government loves unarmed peasants!

[lelio]

If it wasn't a felony then, it can not be considered a felony conviction now.
Take a look at the last couple of lines in the post (I missed them the first time). He was convicted of a felony robbery in 1966. In 1968 the law was passed that said felons can't have guns. Seems pretty clear cut ex post facto to me.

[bruoz]

"If someone has robbed grocery stores, then he is a threat to me and general society and I don't have much sympathy for him. I think he presents a reasonable threat."

Then why isn't he in prison?

[RLK]

Ex post facto is the ascribintg of validity to a law befor that law existed. The crime he committed was against the law when he committed it. That rules out ex post facto there. The purchase of of guns by felons was prohibited by law when he ourchased the guns and ammunition. There is no element of ex post facto there. Ex post facto is a losing argument here.

[t-shirt]

"a civilian paramilitary group that experts think is one of the most active in the country."

Now...Just what does that mean? They run marathons? Play a lot of raquetball? What exactly? They have meetings? They play paint ball? When I hear a federal agency say "they are very active" my gut response is they must be out robbing banks or attacking Mexico. But what exactly are the Feds talking about when they say this and which part of "being active" is unconstitutional?

21 posted on 11/29/01 3:17 PM Pacific by Prodigal Son

Active means politically active.

Out fighting for their rights and exercising their freedom of speech, as all citizens should do! Fighting for their constitutional rights----What the BATF Gestapo hates most!

[Leisler]

Whenever there is a big news event, and people could begin to ask what do we pay the BATF for, they go and do something to get their names in the papers.

[Thumper1960]

Whoever said you can't get a firearm? Felons do it all the time. Just don't make a visible target of yourself.